For an insider’s preview of the Pro Bono Unemployment Project, Beyond the Billable reached out to Lynn Girton, Chief Counsel at VLP and Monica Halas, senior attorney at GBLS to learn more about what the Project accomplishes, what attorney-volunteers can expect when they donate their time, and what difference volunteers make for the clients in these cases.

Q: What is the mission of the Pro Bono Unemployment Project?

A: Unemployed low income workers and their families need legal representation to obtain Unemployment Insurance (UI) and job training benefits. As individuals who are unemployed cannot afford to retain the services of the private bar, pro bono representation is critical to meet this serious and largely unmet need. Data accumulated nationally demonstrates that employers are four times as likely to be represented as claimants, and yet, when represented, claimants have a 30% greater chance of recovery.

UI benefits are a significant source of income for our clients. The maximum benefit is currently $653 a week plus an additional $25 a week per dependent (although capped at 50% of the unemployment check). In addition, those families whose income is 400% of poverty or less (all of our clients) are also eligible to participate in a health insurance program. As low wage employers increasingly offer no health insurance benefits, coupled with the new health care mandate, this is an important opportunity to provide a low income family with access to non-emergency, preventative care.

UI benefits are critical to keeping families out of poverty. Estimates from the Congressional Budget Office suggest that the receipt of UI benefits prevents up to 25% additional families from falling below the poverty line. During this economic recession where there are 6 applicants for every job, UI benefits – coupled with opportunities for job training to secure reemployment — are more necessary than ever.

Q: What is the time commitment and what type of support is provided to a volunteer?

A: These cases typically take no more than 10 to 15 hours of preparation (including the one hour hearing) and with experience, the time can be significantly reduced. The area of the law is not complex, the issues are primarily fact-based, and a hearing decision is generally received within a couple of weeks.

We have produced extensive training materials which we will provide t, we run periodic training for the bar in conjunction with the Volunteer Lawyers Project and we are also available to do a customized in-house two or three hour training at the convenience of any law firm that makes the request. By attending a training, attorneys are provided with all the substantive legal information they need to know as well as procedural tips honed from our over thirty years of practice in this area, so lawyers are able to come up to speed very quickly. The GBLS Employment Law Unit is also available to answer any questions to help you in representing your clients.

Q: Can you share examples of how pro bono representation can have a significant impact on the outcome of a case?

A:Client A

The client worked as a cleaner. She developed health problems and her doctor instructed her not to mop floors anymore. She requested a transfer to a different floor where she would not have to mop. Such transfers had been given to other workers. The employer told the client that if she was unable to mop the floor, they did not need her any longer. The client applied for unemployment benefits and she was denied. She filed an appeal. She was represented by a VLP pro bono attorney at the hearing. Subsequently, the hearing officer reversed the determination and awarded the client all the unemployment benefits to which she was entitled.

Client B

This client worked as a direct care worker in a person’s home. The employer alleged that the client left the person unattended. The client said that he had left the person in the care of another person. The employer fired the client and he applied for unemployment benefits. He was denied. He filed an appeal and was subsequently represented at the hearing by a VLP pro bono attorney. The hearing officer reversed the determination and awarded the client all the unemployment benefits to which he was entitled.

In this competitive climate for funding, non-profits demonstrating sound management and controls will have a leg up over those raising red flags. Amid this backdrop, The Lawyers Clearinghouse –has launched a new Legal Assessment Program, and joined hands with the Business Law Public Service Committee of the Boston Bar Association to reach out to Boston Bar Foundation (BBF) Grantees and Grant applicants.

Managed by The Lawyers Clearinghouse, a grantee of the Boston Bar Foundation, the program provides a unique opportunity for BBA members to donate essential services to local non-profits.

“Many nonprofit leaders and staff spend their time running programs and providing direct services to their clients, often on a limited budget. This leaves little time and few resources to examine how the organization can run according to best practices. The Legal Assessment Program provides a preventive “Legal Checkup” where lawyers review and evaluate the corporate governance of the nonprofit to ensure that the organization meets legal requirements in the conduct of its business, ultimately strengthening the non-profit.” Maribeth Perry, Executive Director, Lawyers Clearinghouse.

“This is a tremendous opportunity for corporate attorneys to put their transactional legal skills to good use, and also involves rare social contact with the wider corporate legal community. This project permits attorneys from different firms and in-house counsel from different companies to team up on a single project.” –– Ben Bodamer, Senior Associate, Weil, Gotshal & Manges, LLP, BBA Business Law Public Service Committee Co-Chair.

If you have questions regarding the Legal Assessment Program, please contact Machiko Sano Hewitt at 617 778-1980 or [email protected]

PILP member Emily Hodge speaking to a third grade class at the Josiah Quincy Elementary School

Walking into the Josiah Quincy Elementary School in Boston’s Chinatown neighborhood, a visitor is struck by the sheer amount of colors in the building. The hallways are awash in a bright and cheerful orange. Student drawings and elaborate crafts hang from the walls. Green plants line the window sill as a reminder of yesterday’s science lesson. There is no shortage of evidence that the Quincy School is an active and lively institution.

Emily and the students discuss the concept of “justice.”

This week, the students and educators of the Quincy School and other Boston Public Schools opened their doors to BBA lawyer-volunteers for the Law Day in the Schools program. The program is a Boston Bar Foundation-funded public service initiative that began in 1986 – to introduce legal concepts and ideals to students. Guided by the theme, “No Courts, No Justice, No Freedom,” students participated in a mock trial designed to focus on due process and ensuring access to the justice system. With the assistance of volunteers, the students assumed the roles of the victim, the accused, law enforcement, prosecutor and defense counsel.

Students listen attentively as Emily speaks about the justice system in America

I arrived at the Josiah Quincy Elementary School for a Law Day class with Ms. Yang’s third grade class, and was escorted to the classroom by two bright and bubbly girls who had a lot of questions about being a lawyer. One said she wanted to be a lawyer when she grew up – and also a fashion designer and a dentist. When I arrived in the classroom there was a lot of activity and energy. We began our Law Day discussion talking about what a lawyer or attorney is, and what they do. Almost all of the students knew what a lawyer was, some knew a few lawyers personally, and a couple of the students were sure they wanted to become lawyers when they grow up. We talked about what “justice” means, and the students offered up the following adjectives: fair, equal, liberty. Every student was engaged and enthusiastic. I encouraged the students to think about why we have a justice system, and about the role that lawyers might play in that system. The students offered up great ideas and were clearly thinking hard about the justice system and the role of lawyers.

We turned to the fact pattern, and reviewed it together as a group. The students were buzzing with comments about whether Tomika really could have taken Maria’s book bag. Most students seemed to think Tomika was innocent, but others noted, “what about the fact that her locker was locked with the bag inside?” We split into groups, and everyone had a lot to say about their roles – some were excited, and others found it hard to think about the case from a point of view they didn’t agree with. Each of the groups had energetic discussions about what their arguments would be, and every one of the group representatives made compelling arguments. It was incredible to watch the students argue their positions – one, who played Tomika, adamantly asserted that Maria had accused her simply because her brother was in jail and the girls were no longer friends, which was “just not fair.” Another stepped up without any notes and delivered the position of the police officer in a clear and confident voice, asserting that the bag was found in Tomika’s locked locker, so it made sense to accuse her. Some students thought very creatively about the case and really worked to make the best arguments they could for their positions. The defendant and her counsel each decided that the true explanation for the theft of Maria’s backpack was that Katie, the accuser, had framed Tomika – that Katie had watched Tomika enter the combination to her locker and gone back later to put Maria’s bag inside!

Participating in Law Day was a great way to step outside the daily practice of law and take part in educating young students about the role that the law, justice and lawyers might play in their own lives. Each of the students seemed to think hard about what it might mean to participate in a case like this one, and how important it was to have a process and a system in place to ensure that every voice was heard. Listening to the students’ thoughts about justice and our legal system was fascinating, and it was rewarding and inspiring to see how energized the students were about vigorously defending each of their positions.

A Snapshot of the Boston Public Schools:

The Numbers:

The BPS consists of 125 schools

57,000 students are enrolled in the BPS

78% of BPS students are eligible to receive free and reduced-priced meals in school

53% of students are eligible for Supplemental Nutrition Assistance Program (SNAP)

43% of students speak a language other than English as their first language

BPS students come from more than 110 countries and speak 77 different languages

On Saturday, April 21st, 25 volunteers organized by the BBA’s New Lawyers Section joined in an effort to clean up the banks of the Charles River. This event ties in with the BBA’s Task Force on Environmental Sustainability, a group charged with expanding the BBA’s public service capacity to include volunteer opportunities that benefit the environment. To read more about the work of the Task Force, please visit The Sustainable Lawyer, the BBA’s blog dedicated to issues of environmental sustainability.

The event, coordinated by the Charles River Watershed Association, marked the 13th Annual Earth Day Charles River Cleanup. It’s estimated that some 4,000 volunteers from Milford to Boston removed 15-20 tons of rubbish from alongside the River and the surrounding areas.

BBA Members Gather to Volunteer for the 13th AnnualCharles River Clean Up.

When you arrive at the Boston Bar Association Housing Court Lawyer for the Day (“Housing Court”) on Thursday, one thing you can be sure of is that Attorney Chris Saccardi will be there. Since 2009, Chris has donated his time every Thursday to assist unrepresented landlords and tenants on Eviction Day. As he gained more experience and knowledge, he began to take pro bono cases for full representation and eventually focused his private practice in the area of landlord/tenant law. Chris’ consistent presence has led to him being the go-to private attorney for recruiting and supervising other attorneys in the project.

We reached out to Chris to find out — why he donates his time to this Program, what some of his most meaningful memories are as a volunteer and asked him to share any tips for new volunteers.

Why does he give his time?

A significant majority of the people we assist are low-income or disabled, frequently don’t speak English as their first language, and are often unable to afford counsel. They typically face a landlord represented by an experienced attorney and the stakes could not be higher – the potential loss of their home or their rent subsidy. I think that it is very important to try to level this playing field and I have found that a little bit of legal advice can make a big difference. I also enjoy meeting and working with a wide variety of attorneys from various types of practices. I have made a lot of lasting friendships that have been important to me both personally and professionally. Finally, I have learned a tremendous amount both by taking on challenging cases and by asking questions of more experienced attorneys. This knowledge has been immensely helpful to me in my own practice.

Chris’ most memorable experiences as a volunteer:

I have found my pro bono work at the Housing court extremely gratifying. I helped a woman with an extremely sick child stay in her apartment by explaining to the landlord that the reason for her missed rent payments was her preoccupation with the health of her daughter. By arranging for a payment plan and actively monitoring her progress, I was able to get her back on track and concentrate on supporting her daughter.

In another instance, I spoke with an elderly tenant early in the day and was able to intercept the opposing counsel before she requested a hearing in front of a judge, which would have likely not gone well for the tenant. Instead, we were able to work out a simple repayment agreement that satisfied both parties. The tenant was so happy that she actually grabbed me and gave me a hug after the agreement had been signed.

In another case, I spoke with a tenant who I quickly came to understand had exhausted her legal options and was likely to be evicted. I sat down with her and listened to her story and gave her some advice about options for requesting a bit more time from the judge before her inevitable move-out date. When we were finished speaking, I expected her to be depressed by the disheartening news I had just given her. Instead she gave me a big smile and thanked me for my time, saying that this had been the first time someone had actually sat down and took the time to listen to her. I continue to be amazed at how much of a difference a little advice or a few kind words can make to many of the litigants I speak to at the Housing Court.

Chris’ advice to a new volunteer:

I would encourage them to participate! If they do, I suggest that they try to take as active a role as possible. While it may take a few sessions for new volunteers to start to feel knowledgeable, I suggest that they start talking to clients as soon as they can. There are always more experienced attorneys available to assist should a new attorney run into an issue with which they are not familiar. I suggest shadowing a more experienced attorney and attending a mediation, which is a great way to learn about the substantive housing issues in a typical case and to see first-hand how the procedures of the Housing Court play out.

If you are interested in becoming a volunteer, the Volunteer Lawyers Project in partnership with the Real Estate section of the Boston Bar Association will be having a training on “Trying a case in Boston Housing Court.” The esteemed panel includes the Honorable Jeffrey Winik, First Justice of the Boston Housing Court, Stefanie Balandis, Greater Boston Legal Services, Joanna Allison, Volunteer Lawyers Project and, of course, Chris Saccardi, the Law Office of Christopher T. Saccardi.

*There is no fee for this program, but we ask that attendees put their new skills to work by taking on a pro bono case through the Volunteer Lawyers Project.

Under the leadership of alums from the BBA’s Public Interest Leadership Program (PILP), the BBA is gearing up for the annual Law Day in the Schools Program scheduled to be held on May 1st, 2nd and 3rd. Funded by the Boston Bar Foundation , this public service initiative began in 1986 — to celebrate Law Day and to introduce students to both the legal profession and the role the law has played in shaping our constitutional democracy.

Through this interactive civics program, lawyers donate time to visit classrooms throughout city, teaching elementary, middle school and high school students and leading mock trials focusing on constitutional issues.

The theme for 2012 will be “No Courts, No Justice, No Freedom.” The exercise provided to volunteers will focus on due process and ensuring access to the criminal justice system amid growing state budget constraints. A highlight of the 2012 curriculum developed by the PILP alums will be a mock trial involving stolen property. Students will play the role of the victim, the accused, law enforcement, prosecutor and defense counsel.

Volunteers aim to teach the lesson within a class period, but are flexible to the teacher’s schedules. The BBA provides volunteers with all the written materials for the Program. The commitment for the Program — including preparation, travel and teaching time– is no more than six hours.

If you are interested in becoming a volunteer, we will be hosting a training on April 24, 2012. To RSVP, please click here.

We would like to thank the following Public Interest Leadership Program alumni for their valuable assistance in developing the Program:

After visiting 7 schools, convening 52 classes and reaching over 430 students, the M. Ellen Carpenter Financial Literacy Program has concluded its 2012 program year. This year’s program represented a high water mark in both the number of students served and the number of volunteers mobilized. 87 lawyers, law students, and financial planners donated over 420 hours to teach high school juniors and seniors in Boston, Greater Boston, Worcester and Springfield. The M. Ellen Carpenter represents a public service partnership between the Boston Bar Association and the U.S. Bankruptcy Court for the District of Massachusetts, and is now in its 8th year.

At the heart of the program is teaching students the importance of making sound financial decisions, and avoiding the poor credit choices that can result in bankruptcy. Through interactive discussions held over the course of four sessions, the students and volunteers covered personal finance, budgeting, credit cards , financing a car, and personal bankruptcy. With support from the Boston Bar Foundation, students traveled to the U.S. Bankruptcy Courts in Boston, Worcester, and Springfield for the final session, a mock bankruptcy hearing.

Hear what volunteers have to say about the students, the Program and why they donate their time:

“I volunteered because I cannot believe that a course in basic financial literacy is not required to receive a high school diploma. I was lucky to have parents who taught me the basics- like how to make a budget (i.e, how to figure out that you can’t afford even 10% of the stuff that your teenage self wants), how to live within (or even remotely close to within) your budget, how to balance your checkbook, how to save for college (or a car or a computer or a trip abroad), and how to not go crazy with credit cards. But not everyone has someone to teach them the basics. And I don’t know how we expect these kids to become functioning, let alone successful, adults without these skills. I wish that financial literacy was a part of every school’s curriculum. – Kristin Davis of K&L Gates

“I was worried that it would be like pulling teeth to get high school kids interested in credit, but they were very eager to learn and participate. I was most impressed when the students had questions or wanted to participate without being asked to do so. They seemed genuinely interested in learning the subject matter.”- Jessica Massey of the Massachusetts Office of the Attorney General

“I would hope students understood that credit cards are more than likely going to be a part of their lives and that if used responsibly, they do provide benefits. However, at the same time, if used the wrong way, they can be very dangerous and lead to major financial problems.”- Michael Licker of Foley Hoag

“The most memorable part of the session was when the students shared with us their experiences with lending and borrowing money. For those that had borrowed from friends and family in the past, it was interesting to see how many of them had in fact been charged interest. Upon learning of the inordinately high interest that some of the students had paid to their friends, we shared a few laughs with the students as we explained “loan sharking” to them. – Shemane Amin of Brown Rudnick LLP

The M. Ellen Carpenter Financial Literacy Program would not be possible without volunteers committed to giving back to the children and youth in our community. A special thanks to the following volunteers for the time they have donated to planning the 2012 Program and teaching the classes: